BILL ANALYSIS
SB 1351
Page 1
Date of Hearing: June 28, 2010
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1351 (Wright) - As Amended: June 15, 2010
SENATE VOTE : 24-0
SUBJECT : California Global Warming Solutions Act of 2006 (AB
32): State Air Resources Board (ARB) regulations
SUMMARY : Requires ARB to make specified items required for
compliance with AB 32 regulations available to the public when
the regulation is adopted or 60 days prior to the compliance
date.
EXISTING LAW , AB 32, requires ARB to adopt a statewide
greenhouse gas (GHG) emissions limit equivalent to 1990 levels
by 2020 and adopt regulations to achieve maximum technologically
feasible and cost-effective GHG emission reductions.
THIS BILL :
1)Requires ARB, for regulations adopted pursuant to AB 32, to:
a) Publish any implementation schedule required to comply
with the regulation at the time the regulation is adopted.
b) Publish any reporting form, metric, compliance tool, or
training required to comply with the regulation at least 60
days prior to the date required for compliance.
2)Exempts regulations adopted before January 1, 2011.
3)Defines "compliance tool" as the resources specified in a
regulation for compliance, including, but not limited to,
computer models, databases, algorithms, formulas, datasets,
forms, criteria, bulletins, manuals, instructions, orders,
spreadsheets, software, Web sites, labels, protocols, and
other guidance documents required for compliance.
4)Defines "metric" as units and standards of measurement by
which efficiency, performance, progress, or quality of a plan,
process, or product can be assessed.
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FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs
(prior version).
COMMENTS :
1)Background. The AB 32 Scoping Plan is a description of the
specific measures ARB and others must take to meet the
objective of AB 32: Reduce statewide GHG emissions to 1990
levels by 2020. The reduction measures identified in the
Scoping Plan must be proposed, reviewed, and adopted as
individual regulations by January 1, 2011, to become operative
by January 1, 2012.
According to the author, to meet deadlines, ARB regulations
have been adopted without the guidelines, implementation
schedules, procedures, and other relevant compliance
mechanisms that should accompany the regulations in order for
regulated entities to comply or prepare for compliance with
the new regulations. Without a clear compliance path
regulated entities are forced to guess and make decisions
without proper guidance which exposes these entities to
potentially costly noncompliance enforcement actions and
penalties.
2)Suggested amendments. This bill would require ARB to publish
any implementation schedule required to comply with a
regulation at the time the regulation is adopted and publish
any reporting form, metric, compliance tool, or training
required to comply with the regulation at least 60 days prior
to the date required for compliance. While the bill's intent
is reasonable, its broad requirements and definitions may lead
to claims that ARB should have published something that a
regulated entity contends is needed for compliance, such as
software or training, that ARB could not reasonably be
expected to provide. In addition, the bill's requirement that
all compliance tools and other items be provided in advance of
a regulation's implementation or compliance dates may
frustrate ARB's ability to respond to compliance problems by
providing new or revised compliance tools.
To address these issues, the author and the committee may wish
to consider amending the bill to (1) limit the compliance
tools and other items that ARB must provide to those items
that are specifically required in its regulations and (2)
permit ARB to revise compliance tools after the regulation is
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adopted.
REGISTERED SUPPORT / OPPOSITION :
Support
California Council for Environmental and Economic Balance
(sponsor)
American Council of Engineering Companies of California
Associated Builders and Contractors of California
California Building Industry Association
California Business Properties Association
California Cattlemen's Association
California Cement Manufacturers Environmental Coalition
California Chamber of Commerce
California Chapter of the American Fence Association
California Construction and Industrial Material Association
California Council for Environmental and Economic Balance
California Farm Bureau Federation
California Fence Contractors' Association
California Forestry Association
California Grocers Association
California Hospital Association
California Hotel & Lodging Association
California Independent Oil Marketers Association
California League of Food Processors
California Manufacturers and Technology Association
California Nevada Cement Association
California Precast Concrete Association
California Restaurant Association
California Retailers Association
California Small Business Association
California State Council of Laborers
California Taxpayers Association
Chemical Industry Council of California
Consumer Specialty Products Association
Engineering and Utility Contractors Association
Engineering Contractors' Association
Flasher/Barricade Association
Independent Waste Oil Collectors
Industrial Environmental Association
Marin Builders' Association
National Federation of Independent Business
Pacific Merchant Shipping Association
State of California Auto Dismantlers Association
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Western Growers
Western States Petroleum Association
Opposition
None on file
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092